Md. Shane Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27617 of 2023 Arising Out of PS. Case No.-244 Year-2022 Thana- CHIRAIYA District- East Champaran =================================================== === MD. SHANE ALI son of Mohd. Anjar Mohalla- Dingarpur Teh Bilari Ps- Mainather Dist- Moradabad U.P ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s =================================================== === Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP =================================================== === CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 414 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 3241.93 liters of liquor from a container and a pick-up van from which three persons were arrested.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner being owner of the container came to be implicated, it is

Patna High Court CR. MISC. No.27617 of 2023(2) dt.17-05-2023 2/2 next submitted that no prudent man would use his own vehicle for committing a crime and thus would create evidence against himself and hence, would get implicated easily. It is further submitted that petitioner was completely unaware that the hirer of the container would misuse the vehicle in the manner as alleged. It is also submitted that no businessman would bring disrepute to his business by getting involved in such occurrence when admittedly petitioner is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chiraiya P.S. Case No. 244 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T